All Workers Have Rights in California

1 11 All Workers have Rights in CaliforniaDepartment of Industrial RelationsLabor Enforcement Task ForceChristine Baker, DirectorJulie A. Su, Labor CommissionerJuliann Sum, Chief of Cal/OSHAD ecember 201711 About the Labor Enforcement Task Force (LETF): The Labor Enforcement Task Force, under the direction of the Department of Industrial Relations, is a coalition of California state government enforcement agencies that work together and in partnership with local agencies to combat the underground economy. In this joint effort, information and resources are shared to ensure employees are paid properly and have safe work conditions and honest, law-abiding businesses have the opportunity for healthy of the Labor Enforcement Task Force (LETF).

2 Alcoholic Beverage Control (ABC)Bureau of Automotive Repair (BAR) California Department of Insurance (CDI) California Department of Tax and Fee Administration (CDTFA)Contractors State License Board (CSLB)Division of Labor Standards Enforcement (DLSE)Division of Occupational Safety & Health (Cal/OSHA)Employment Development Department (EDD)State Attorney General (DOJ)1 All Workers have Rights on the California , Workers are protected by labor laws. It does not matter where you were born or what your legal status is. Once you are hired, you have this booklet, you will find information on your Rights as Workers , including:Minimum wage and overtimeTaking action without being punishedmeTBenefits if injured or unemployedSafe and healthy jobsmumRest and meal breaksWages and BreaksVeronica works as a janitor cleaning office buildings.

3 She was working up to 13-14 hours a day and making less than minimum wage. Her employer paid her a single flat rate for each day of work and said she was an independent contractor. He said this even though it was his janitorial business, and he controlled all aspects of her work, including when and how long she worked, what tasks she performed, and what she asked about her Rights and learned that legally she was an employee of the janitorial business and entitled to minimum wages and overtime. She filed a claim with the Labor Commissioner and eventually obtained several thousand dollars in back pay. The employer was also cited and fined by the Labor Commissioner and other LETF agencies for not having Workers compensation , not paying employment tax, and other violations.

4 Note: This example reflects a typical are required to pay Workers what they are owed and provide rest and meal breaks. Not doing so is called wage must:1 Pay at least the minimum wage, which is: For businesses with 26 or more employees, $ per hour in For businesses with 25 or fewer employees, $ per hour in 2018. Higher in some cities and counties. If you are paid by the piece or unit (sometimes called by contract ) or paid by the day or week, your wages still must equal at least minimum wage for all the hours you worked. Tips are separate and cannot be counted as part of the minimum wage. A few types of employees do not have to be paid minimum wage, including outside salespersons, close family members and camp Pay overtime equal to 1 times the regular rate of pay: For most occupations, all hours over 8 in one day or over 40 in one week, and for the first eight hours of work on the seventh day of work in a workweek For personal attendants, all hours over 9 in one day or over 45 in one week For farm Workers , all hours over 10 in one day or over 60 in one week, and for the first eight hours of work on the seventh day of work in a workweek3 Pay doubletime.

5 For most occupations, all hours over 12 in one day or over eight on the seventh day of work in a workweek For farm Workers , all hours over eight on the seventh day of work in a workweekWages and BreaksYou have the right to take and Breaks Some occupations have different overtime rules and some types of Workers are exempt from Provide a paid 10-minute rest break for every 4 hours of work5 Provide a meal break of at least 30 minutes after no more than 5 hours of workgExample: If you are a dishwasher making $12 per hour and work 13 hours in one day, you must be paid: $12 per hour for the first 8 hours = $96 $18 per hour for the next 4 hours = $72 $24 per hour for the last hour = $24 Total for 13-hour day = $192 Wages and Breaks6 Pay employees (with certain limited exceptions) at least twice a month on designated regular paydays.

6 With each payment of wages, whether by cash or check, the employer must provide a wage stub or statement with the following information: pay period dates; gross wages earned; total hours worked; breakdown of hourly rates and hours worked at each rate; piece rate information if applicable; all deductions; net wages; name and ID number of employee; and legal name and address of employer. A copy of the state s Wage Order for your occupation or industry should be posted in a place where it can be easily seen and read by employees, such as in a break you can do if you have questions or think there may be a problem: Keep track of your work hours and pay. Every day, write down the date, when you start and end work, when you take breaks, the total hours worked, and what you are supposed to be paid (by hour or by piece or contract rate).

7 Compare this with the information shown on your pay stubs. Tell your employer. You have a right to tell your employer, or complain if necessary, if you think you are not getting what you are entitled to under the law. It is illegal for any person to discharge, discriminate, retaliate, or take any other adverse action against an employee for making such a complaint in good faith. Know who your employer is. Write down the names of the people who hire you, pay you, or supervise you. Find out the name and address of the company by looking at pay stubs and other information that may be available at the job site.

8 Don t wait too long. Don t wait to speak up and don t delay in filing a claim because there are time limits, and it is easier to prove you are owed wages or Keep track of your work when events are close in time. Generally, you have 3 years to bring a formal claim, but sometimes you have less time and sometimes help Contact the Labor Commissioner. To contact the Labor Commissioner s office, see page 18. You can obtain information about your Rights . You can also file a claim to get wages you are owed and possibly additional payments for having to wait for your wages or for not getting breaks to which you were entitled. More information is also available on the Labor Commissioner s website at Call a worker organization or legal aid group.

9 They may be able to advise you on your Rights and help you decide what actions to Sick LeaveWages and BreaksPPPPPPP aaaaaiiiiiiiddddddd SSSSSSS iiiiiiiccccckkkkkkk LLLLLLL eeeeeaaaaavvvvveeeeeYou may be eligible for Paid Sick Leave. Starting July 1, 2015, employers must: Provide at least 24 hours or three days of paid sick leave for each eligible employee to use per year. Allow eligible employees to use accrued paid sick leave. Show how many days of sick leave an employee has available. This must be on a pay stub or a document issued the same day as a more information, go to and Health7As a garment worker Jose presses decals onto t-shirts using a 400-degree hot iron press machine and has burned himself several times on the equipment.

10 He learned that his co- Workers almost had their fingers cut off from the cloth cutting machines because of the unguarded blade. Despite these incidents the employer never did anything to eliminate the hazards. When Cal/OSHA inspected the workplace they shut down several cloth cutting machines and made the company provide gloves to protect the Workers hands from burns. The employees also learned from the inspection about being poked with tagging gun needles and the danger of catching a bloodborne disease from another worker who was poked with the same the Cal/OSHA investigation the employer was cited for 8 violations and required to repair the various machines. In addition, a protective policy is now in place.